Non-power Production or Utilization Facility (NPUF) License Renewal - - PowerPoint PPT Presentation

Non-power Production or Utilization Facility (NPUF) License Renewal Rulemaking

August 22, 2016

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Purpose of the NPUF Proposed Rule

• Implement Commission direction to

streamline the license renewal process by establishing a more efficient, effective and focused regulatory framework

• Fix existing short comings in regulations for

non-power licensees  9 rulemaking objectives

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Relationship of NPUF Entities

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Class 104 a or c Testing Facilities

> 10 MWt

• r

> 1 MWt if notable safety considerations

Commercial Medical Radioisotope Irradiation and Production Facilities Research Reactors

≤ 10 MWt

• r

≤ 1 MWt if notable safety considerations

Class 103

Research mission Notable safety considerations:

• Circulating loop through the

core used for fuel experiments

• Liquid fuel loading
• Large experimental facility in

the core (> 16 in2 in cross- section)

• 1. Create a Definition for

NPUF

• Revise 10 CFR 50.2,

Definitions, to establish a single term to capture all non-power facilities licensed under part 50

• Ensure clarity and

consistency for the applicability of NPUF regulations

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• 2. Eliminate License

Terms

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• Exempt Class 104a and

104c NPUFs, other than testing facilities, from 40-year fixed term in 10 CFR 50.51

• No license term

specified in AEA for Class 104 NPUFs

• Consistent with AEA’s

minimum regulation standard

• Reduce burden for

licensees and NRC, but maintains public health and safety

No Notable Safety Considerations

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• Low power levels of 10 MWt or less

– small fission product inventory – small radiological consequence for maximum hypothetical accident

• Low energy systems

– low operating power and temperatures – minimal decay heat

• No significant aging considerations

– simple designs – proactive aging management / aging-related surveillance requirements – loss of coolant is an analyzed condition

• Slowly evolving licensing basis

– Very low number of design changes each year – Few rulemakings apply

No Nexus between License Renewal and Safety

Class 104a or c, except testing facilities

• In light of the following measures:

– NUREG-1537

• License renewal under NUREG-1537

– Inspection program – Technical specifications – Existing reporting requirements

• Safety issues with SSCs
• Maintenance activities

– Proposed rule requirements

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• 3. Define the License

Renewal Process

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• Consolidate license

renewal requirements under 10 CFR 50.135 for testing facilities and NPUFs licensed under 10 CFR 50.22

• Clarify license

renewal process

• Enhance regulatory

efficiency

• 4. Require Updated

FSAR Submittals

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• Extend applicability of

10 CFR 50.71(e) to NPUFs

• Ensure timely

documentation of changes to licensing basis

• Benefit knowledge

management, NRC’s inspection program, and licensee operator training and exams

• 5. Amend Timely

Renewal Provision

• Create two-year timely

renewal for Class 103 and testing facilities and exempt Class 104a and 104c NPUFs, other than testing facilities

• 30 days in 10 CFR 2.109

is not a sufficient period

• f time for adequate

assessment of license renewal application

• Two years would provide

sufficient time and allow facility to operate under current license terms

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• 6. Provide an Accident

Dose Criterion

• Create new accident dose

criterion for NPUFs, other than testing facilities, in 10 CFR 50.34

• Part 20 public dose limits

are unnecessarily restrictive as accident criteria

• Proposed criterion would

align with early phase EPA PAG and provide adequate protection from unnecessary exposure to radiation

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• 7. Extend Applicability of

10 CFR 50.59

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• Extend applicability

to NPUFs regardless of decommissioning status

• 10 CFR 50.59

currently is not applicable to NPUFs once fuel is moved offsite

• Avoid burden of

issuing license amendments

• 8. Clarify Existing

Environmental Reporting Requirements

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• Add requirement in

10 CFR 51.56 for NPUFs to provide an environmental report per 10 CFR 51.45

• Historically, NRC has

relied on 10 CFR 51.41 to collect “environmental information”

• Improve consistency

and clarify Part 51 requirements for licensing actions

• 9. Eliminate NPUF Financial

Qualification Information Requirement

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• Eliminate 10 CFR

50.33(f)(2) financial qualification requirement at license renewal only

• Primary means to

ensure safety is through NRC’s

• versight and

enforcement programs

• Reduce licensee

burden without compromise to public health and safety

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Summary of the NPUF Proposed Rule

• Costs and Cost Savings (Undiscounted)
• Total Net Benefit (Undiscounted): $13 million

– 3 Percent discounting: $8.9 million – 7 Percent discounting: $5.3 million

• Backfit Considerations:

– Section 50.109 does not apply to NPUFs – Section 50.109 not applied to this proposed rule

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NPUF Proposed Rule Documents

The NRC staff will be requesting public comments on the following NPUF documents:

• Federal Register Notice

– Draft rule language

• Regulatory analysis

– Cost/Benefit calculation

• Environmental assessment

– Finding of no significant environmental impact

• Draft Reg Guide DG-2006

– Acceptable methods for updating FSARs

NPUF Rulemaking Schedule

• Proposed NPUF rule is expected to be issued

for public comment in the fall of 2016

– 75-day comment period – All supporting documents will be issued together – NRC staff will hold a public meeting during the public comment period

• Final NPUF rule should be issued early in

2018

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NPUF Proposed Rule Summary

NPUF Proposed Rule Change Class 103 Facilities Class 104a Facilities Class 104c Facilities

Commercial Medical Therapy R&D Testing

• 1. Create a definition for NPUF

   

• 2. Eliminate license terms

N/A

 

N/A

• 3. Define the license renewal process



N/A N/A



• 4. Require updated FSAR submittals

   

• 5. Amend timely renewal provision

   

• 6. Provide an accident dose criterion

  

N/A

• 7. Extend applicability of 10 CFR 50.59

   

• 8. Clarify existing environmental reporting

requirements

   

• 9. Eliminate NPUF financial qualification

information requirement



N/A N/A



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Conclusion

• Eliminating licensing terms would reduce the

burden on both the licensees and NRC staff

– Allowed by the AEA – Minimum regulation on licensees – Continued oversight and inspections by NRC staff – Improved FSAR documentation

• Total quantitative benefit of the proposed rule:

$13 million

• Maintain the safe operation of the facility while

protecting the public health and safety

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QUESTIONS?

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BACK UP SLIDES

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Regulatory Policy – Class 104

The policy for regulation of Class 104 NPUFs is described in the Atomic Energy Act of 1954, as amended, Section 104a. and c.

• Sec. 104. Medical Therapy and Research and Development
• a. …the Commission is directed to permit the widest amount of

effective medical therapy possible with the amount of special nuclear material available for such purposes and to impose the minimum amount of regulation consistent with its obligations under this Act to promote the common defense and security and to protect the health and safety of the public.

• c. The Commission is directed to impose only such minimum

amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development.

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Regulatory Policy – Class 103

The policy for regulation of Class 103 NPUFs is described in the Atomic Energy Act of 1954, as amended, Section 103.

• Sec. 103. Commercial Licenses
• a. The Commission is authorized to issue licenses to persons

applying therefor to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use100 import, or export under the terms of an agreement for cooperation arranged pursuant to section 123, utilization or production facilities for industrial or commercial purposes.101 Such licenses shall be issued in accordance with the provisions of chapter 16 and subject to such conditions as the Commission may by rule or regulation establish to effectuate the purpose and provisions of this Act.

• c. Each such license shall be issued for a specified period, as determined

by the Commission, depending on the type of activity to be licensed, but not exceeding forty years from the authorization to commence operations and may be renewed upon the expiration of such period.

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Regulatory Definitions

• Non-power reactor means a research or test reactor

licensed under §§50.21(c) or 50.22 of this part for research and development [10 CFR 50.2 Definitions].

• Research reactor means a nuclear reactor licensed by the

Commission under the authority of subsection 104c of the Act and pursuant to the provisions of § 50.21(c) of this chapter for operation at a thermal power level of 10 megawatts or less, and which is not a testing facility as defined by paragraph (m) of this section [§170.3 Definitions].

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Regulatory Definitions (cont.)

• Testing facility means a nuclear reactor which is of a

type described in §50.21(c) of this part and for which an application has been filed for a license authorizing

• peration at:

(1) A thermal power level in excess of 10 megawatts; or (2) A thermal power level in excess of 1 megawatt, if the reactor is to contain:

(i) A circulating loop through the core in which the applicant proposes to conduct fuel experiments; or (ii) A liquid fuel loading; or (iii) An experimental facility in the core in excess of 16 square inches in cross-section. [§ 170.3 Definitions]

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U.S. Non-Power Facilities

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• 36 licensed research and test reactors

− 31 reactors operating in 21 States − 5reactors permanently shut down and in decommissioning

U.S. Non-power Facilities

• Current fleet:

– 30 research reactors and 1 testing facility – 25 academia – 3 private industry (Aerotest, GE, DOW Chemical) – 3 federal government (AFRRI,NIST, USGS)

• Licensed pursuant to 104(c) of the AEA, one facility

also holds a 104(a) license

– Minimum Regulation

• Power range – 5 Wt to 20 MWt
• Fuel types – TRIGA, AGN, plate fuel, one of a kind
• Staffing – small (1 or 2) to large (10 to 165)

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Commission directed rulemaking

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• The idea to eliminate license terms (or indefinite license

term) was discussed in several SECY papers addressing license renewal for research and test reactors.

– SECY-08-0161, Enclosure 1 –

• license renewal streamlining options including an

“Extended License Term” option which included the concept of indefinite terms

– SRM for SECY-08-0161 states:

• This long term plan should consider elements of the

generic analysis approach, generic siting analysis, and the extended license term described in Enclosure 1 to SECY-08-0161.

Extended license terms

• SECY-09-0095, Enclosure 2 discusses extended

license terms and explains that the staff needs to study the topic:

“The extended license term process could potentially provide significant benefit to RTR licensees while ensuring that the NRC continues to maintain adequate protection of the public and the environment.”

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